“The Right Has the Wrong Legal Theory”:

Harvard lawprof Bill Stuntz makes the case that conservatives should embrace judicial minimalism instead of formalism and originalism :

Most constitutional law deals with questions that other institutions could answer as well as or better than the courts. Where that is so — where there is room for reasonable doubts and disagreements, as is usually the case — courts should leave issues in other hands.

Thanks to Instapundit for the link.